COUNCIL MINUTES
October
8, 2013, 7:00 p.m.
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 22
Alternate
formats for this document are available upon request
ROLL CALL
Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional
Councillor Gord Landon, Regional Councillor Joe Li, Councillor Valerie Burke,
Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina Moretti,
Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor
Alex Chiu.
STAFF
Andy Taylor, Chief
Administrative Officer
Jim Baird, Commissioner of
Development Services
Catherine Conrad, City
Solicitor
Trinela Cane, Commissioner
of Corporate Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
John Wong, Technology
Support Specialist
Dennis Flaherty, Director of
Communications and Community Relations
Bill Snowball, Fire Chief
Kimberley Kitteringham, City
Clerk
Martha Pettit, Deputy Clerk
Stephen
Huycke, Public Service & Records Coordinator
The regular
meeting of Council convened at 7:02 p.m. on October 8, 2013 in the Council
Chamber. Mayor Frank Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES
- SEPTEMBER 24, 30 AND OCTOBER 1, 2013
Sept
24 Sept
30 Oct
1
Moved by
Councillor Alex Chiu
Seconded by Deputy
Mayor Jack Heath
1) That the Minutes of the
Council Meeting held on September 24, 30 and October 1, 2013, be adopted.
CARRIED
3. PRESENTATIONS
(1) FIRE
PREVENTION WEEK
- OCTOBER 6 TO 12, 2013 (3.4)
Bill Snowball,
Fire Chief, provided a verbal update on recent activities in the Fire Services
Department and spoke in support of the Fire Prevention Week, October 6 to 12,
2013.
Moved by
Councillor Alex Chiu
Seconded by
Councillor Howard Shore
That the
verbal presentation by Bill Snowball, Fire Chief, on recent activities in the
Fire Services Department and the Fire Prevention Week, October 6 to 12, 2013,
be received.
CARRIED
4. DELEGATIONS
(1) DELEGATIONS
REGARDING THE PROPOSED RECOMMENDATION TITLED
"DEFERRAL OF SPECIAL COUNCIL
MEETING ON
OCTOBER 15 AND 16, 2013 TO CONSIDER A MOTION
REGARDING THE
MARKHAM SPORTS, ENTERTAINMENT
AND CULTURAL CENTRE" (6.0)
(Item No. 3,
Report No. 41)
The
following individuals addressed Council regarding the proposed recommendation
titled "Deferral of Special Council Meeting on
October 15 And 16, 2013 to Consider a Motion Regarding the Markham Sports, Entertainment
and Cultural Centre":
1. Robert Ede - In opposition to the
proposed recommendation.
2. Jim Kwan - In
opposition to the proposed recommendation.
3. Donna Bush - In
opposition to the proposed recommendation.
4. Karen Rea, Markham
Village City Ratepayers Association - In opposition to the proposed
recommendation.
5. Norman Manara - In
opposition to the proposed recommendation.
6. Mike Gannon, Unionville
Ratepayers Group - In opposition to the proposed recommendation.
(See Item No. 3, Report No. 41 for Council's
decision on this matter)
5. PETITIONS
There were no
petitions.
6(a) REPORT NO. 38 - DEVELOPMENT SERVICES
COMMITTEE
(September 24, 2013)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 38 – Development Services Committee comprised of 2 items be received and
adopted, except Item No. 2. (See
following Item No. 2)
(1) TORONTO
AND REGION CONSERVATION AUTHORITY
– THE LIVING CITY POLICIES (DRAFT)
AND
CONSERVATION ONTARIO
WHITEPAPER ON
WATERSHED MANAGEMENT FUTURES
FOR ONTARIO (10.0)
Report
1) That
the report and staff presentation entitled “Toronto and Region Conservation
Authority – The Living City Policies (Draft) and Conservation Ontario
Whitepaper on Watershed Management Futures for Ontario” dated September 24,
2013, be received; and,
2) That
the TRCA, Conservation Ontario and Ministry of Municipal Affairs and Housing be
forwarded a copy of the City’s staff report; and,
3) That
TRCA be requested to address the matters identified in this report prior to
approval of the document; and,
4) That
the Ministry of Municipal Affairs and Housing be advised:
a) of
Markham’s interest in participating in discussions relating to the Conservation
Ontario Whitepaper on Watershed Management Futures for Ontario and any matters
relating to jurisdictional changes to the implementation of natural heritage
system planning; and,
b) that
Markham does not support the delegation of authority from municipal councils to
conservation authorities for policy interpretation of natural heritage matters
identified in the Planning Act; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) APPROVAL
OF THE CONTINUATION
OF THE MARKHAM DESIGNATED
HERITAGE
PROPERTY GRANT PROGRAM (16.11)
Report
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
1) That
the report entitled “Approval of the Continuation of the Markham Designated
Heritage Property Grant Program”, dated September 24, 2013, be received; and,
2) That
the Markham Designated Heritage Property Grant Program Guidelines (attached as
Appendix “B” to this report), be approved for an additional three year period
(2014-2016); and,
3) That
a by-law be adopted to implement the program generally in the form attached as
Appendix “C” to this report; and,
4) That
the existing reserve fund entitled “Designated Heritage Property Grants”
continue to be used as the funding source for the program; and,
5) That
the Designated Heritage Property Grant Reserve Fund be allocated $90,000 in
funding for the three year period (2014-2016) from a transfer of $90,000 from
the Heritage Loan Reserve Fund; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(b) REPORT NO. 39 - DEVELOPMENT SERVICES
PUBLIC MEETING
(September 23, 2013)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
(1) INFORMATION
REPORT
WYKLAND ESTATES INC.
ZONING BY-LAW AMENDMENT
APPLICATION
TO REZONE CERTAIN LANDS WITHIN
DRAFT PLAN OF SUBDIVISION
19TM-10002
WEST OF CORNELL CENTRE BLVD,
SOUTH OF 16TH AVE.
(ZA.13-114562) (10.5, 10.7)
Memo Report
1) That
the report dated September 10, 2013, entitled “Information Report, Wykland
Estates Inc., Zoning By-law Amendment application to rezone certain lands
within draft plan of subdivision 19TM-10002, West of Cornell Centre Blvd, south
of 16th Ave., File No:
ZA.13-114562.” be received; and,
2) That
the Record of the Public Meeting held on September 23, 2013, with respect to
the proposed amendment to the Zoning By-law, be received; and,
3) That the application by Wykland Estates
Inc. to amend the City’s By-law 177-96, as amended, be approved; and further,
4) That the proposed amendment to the
City’s Zoning By-law 177-96, as amended, be enacted without further notice.
CARRIED
(2) INFORMATION
REPORT
CORNELL ROUGE DEVELOPMENT
CORP.
ZONING BY-LAW AMENDMENT
APPLICATION
TO REZONE CERTAIN LANDS WITHIN
DRAFT PLAN OF SUBDIVISION
19TM-08002
NORTH OF HIGHWAY 7, WEST OF
DONALD COUSENS PARKWAY
(ZA.13-116402) (10.5, 10.7)
Memo Report
1)
That the
deputation by Daniel Wong, regarding the application by Cornell Rouge
Development Corp., be received; and,
2) That
the report dated September 10, 2013, entitled “Information Report, Cornell
Rouge Development Corp., Zoning By-law Amendment application to rezone certain
lands within draft plan of subdivision 19TM-08002, North of Highway 7, west of
Donald Cousens Parkway, File No:
ZA.13-116402” be received; and,
3) That
the Record of the Public Meeting held on September 23, 2013, with respect to
the proposed amendment to the Zoning By-law, be received; and,
4) That the application by Cornell Rouge
Development Corp. to amend the City’s By-law 177-96, as amended, be approved;
and further,
5) That the proposed amendment to the
City’s Zoning By-law 177-96, as amended, be enacted without further notice.
CARRIED
(3) INFORMATION
REPORT
APPLICATION FOR ZONING
AMENDMENT
TO PERMIT NEW RESIDENTIAL LOTS
5 ROUGE ST. (JOSEPH DIMARTINO)
(ZA 13 113809) (10.5)
Memo Report
1) That the Development
Services Committee report dated September 10, 2013, entitled “Information
Report Application for Zoning Amendment to permit new residential lots, 5 Rouge
St. (Joseph Dimartino) (ZA 13 113809) be received; and,
2) That the Record of the
Public Meeting held on September 23, 2013, with respect to the proposed
amendments to By-law 1229, as amended, be received; and,
3) That the application by
Joseph Dimartino to amend By-law 1229, as amended, be approved; and further,
4) That the proposed
amendment to By-law 1229, as amended, be enacted without further notice.
CARRIED
6(c) REPORT NO. 40 - DEVELOPMENT SERVICES
COMMITTEE (October 1, 2013)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Carolina Moretti
That Report
No. 40 – Development Services Committee comprised of 3 items be received and
adopted, except Item Nos. 2 and 3. (See following Item Nos. 2 and 3)
(1) RECOMMENDATION
REPORT
UPPER UNIONVILLE INC.
FUTURE DEVELOPMENT BLOCK 992,
PLAN 19TM – 10003
NORTHEAST CORNER OF 16TH
AVENUE AND KENNEDY ROAD
APPLICATIONS FOR OFFICIAL
PLAN/SECONDARY PLAN
AND ZONING BY-LAW AMENDMENTS
AND
DRAFT PLAN OF SUBDIVISION
(OP/ZA/SU 12 110185) (10.3,
10.4, 10.5, 10.7)
Report
1) That
the report dated October 1, 2013 and entitled “RECOMMENDATION REPORT, Upper
Unionville Inc., Future Development Block 992, Plan 19TM – 10003, Northeast corner of 16th
Avenue and Kennedy Road, Applications for Official
Plan/Secondary Plan and Zoning By-law amendments and Draft Plan of Subdivision,
File No.: OP/ZA/SU 12 110185”, be received; and,
2) That
the application submitted by Upper Unionville Inc. to amend the Official Plan,
and the Berczy Village Secondary Plan be approved and that the draft Official
Plan Amendment attached as Appendix “A”, be finalized and adopted without
further notice; and,
3) That
the notice of adoption of the Official Plan/Secondary Plan Amendment be
forwarded to the Region of York; and,
4) That
the application submitted by Upper Unionville Inc. to amend Zoning By-laws
304-87, as amended and 177-96, as amended, be approved and the draft Zoning
By-law amendment attached as Appendix “B”, be finalized and enacted without
further notice; and,
5) That draft plan of subdivision 19TM-12012 submitted by Upper Unionville
Inc., be draft approved subject to the
conditions outlined in Appendix “C”; and,
6) That the Mayor and Clerk be authorized to enter into a No
Presale Agreement with the Owner of Plan 19TM-12012 which agreement shall be
registered on title, committing the Owner to:
Not enter into any agreements of purchase and
sale with end users for the lands, until such
time as:
a. the
City of Markham approves a transfer of servicing allocation to this development
that is not dependent upon the construction of infrastructure;
or,
b. i. York Region has advised in writing that it
is no earlier than twelve (12) months prior
to the expected completion of all water and wastewater infrastructure required
to support the Region’s capacity assignment pertaining to the City of Markham
allocation used for the subject development and,
ii. The Council of the City of Markham has allocated, within the limit
of the Regional capacity assignment, adequate available water and waste water
servicing capacities to the subject development;
or,
c. the Regional Commissioner of Environmental Services and the City of Markham
confirm servicing capacity for this development by a suitable alternative
method and the City of Markham allocates the capacity to this development.
AND
Not
enter into any agreements of purchase and sale with non end users for
the subject lands unless the agreement of purchase and sale contains a
condition that requires the purchaser and any subsequent purchasers to enter
into a separate agreement with the City of Markham. This agreement shall be
registered on title, committing the new Owner to the same terms as set out in
items a, b and c above; and,
7) That
the Owner enter into an indemnity agreement with the Region of York. The agreement shall save harmless the Region
from any claim or action as a result of the Region releasing conditions and
pre-conditions of draft approval and shall be
registered on title; and further,
8) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) FUTURE
URBAN AREA SUBWATERSHED STUDIES (5.0)
Report
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Carolina Moretti
1) That
the report entitled “Future Urban Area Subwatershed Studies” dated October 1,
2013, be received; and,
2) That
the tendering process for the Future Urban Area Subwatershed Studies and the
terrestrial environment advisor be waived in accordance with Purchasing By-Law
2004-341, Part II, Section 7 (1) (h) in order to expedite the completion of the
Subwatershed Studies; and,
3) That
the Future Urban Area Subwatershed Studies be awarded to AMEC Environment &
Infrastructure at a cost of $2,016,165.00 (including 10% contingency and HST
impact) subject to confirmation of funding by the Future Urban Area landowners;
and,
4) That
the terrestrial environment advisory assignment be awarded to North South
Environmental at an upset limit of $61,056.00 (including HST impact) subject to
confirmation of funding by the Future Urban Area landowners; and,
5) That
the final cost of the subwatershed studies and the terrestrial environment
advisory assignment be included in a future Area Specific Development Charges
by-law for the Future Urban Area and the appropriate development charges credit
be provided to the upfronting landowners; and,
6) That
a new capital project be created in the Engineering Department in the amount
of $2,077,221.00 to be funded by the
Future Urban Area landowners; and,
7) That staff report back on a Future
Urban Area landowners funding agreement, to be executed prior to the
commencement of any work; and further,
8) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED BY A RECORDED VOTE (12:1)
(See following recorded vote)
YEAS: Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones,
Regional Councillor Gord Landon, Regional Councillor Joe Li, Councillor Howard
Shore, Councillor Don Hamilton, Councillor Carolina Moretti, Councillor Colin
Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu.
(12)
NAYS: Councillor
Valerie Burke. (1)
(3) FUTURE
URBAN AREA SERVICING STUDIES (5.0)
Report
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Carolina Moretti
1) That
the report entitled “Future Urban Area Servicing Studies” dated October 1,
2013, be received; and,
2) That
the tendering process for the Future Urban Area Servicing Studies be waived in
accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1) (h) in order
to expedite the completion of the Servicing Studies; and,
3) That
the Water Servicing Study for the Future Urban Area be awarded to Genivar
Consultants at a cost of $96,419.43 including HST impact subject to confirmation of funding by the
Future Urban Area landowners; and,
4) That
the Wastewater Servicing Study for the Future Urban Area be awarded to XCG
Consultants at a cost of $134,538.12 including HST impact subject to confirmation of funding by the
Future Urban Area landowners; and,
5) That
the Environmental Assessment Coordination Study for the Future Urban Area be
awarded to Amos Environment + Planning at a cost of $94,423.61
including HST impact subject to confirmation of
funding by the Future Urban Area landowners; and,
6) That
the final cost of the studies be included in a future Area Specific Development
Charges by-law for the Future Urban Area and the appropriate development
charges credit be provided to the upfronting landowners; and,
7) That
three new projects be created in the Engineering Department 2013 Capital Budget
for the above 3 projects to be funded by the Future Urban Area landowners; and,
8) That staff report back on a Future
Urban Area landowners funding agreement, to be executed prior to the
commencement of any work; and further,
9) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED BY A RECORDED VOTE (12:1)
(See following recorded vote)
YEAS: Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones,
Regional Councillor Gord Landon, Regional Councillor Joe Li, Councillor Howard
Shore, Councillor Don Hamilton, Councillor Carolina Moretti, Councillor Colin
Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu.
(12)
NAYS: Councillor
Valerie Burke. (1)
6(d) REPORT NO. 41 GENERAL COMMITTEE (October
7, 2013)
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Colin Campbell
That Report
No. 41 – General Committee comprised of 3 items be received and adopted. (Item
Nos. 1 to 3 were separated – See following Item Nos. 1 to 3)
(1) WINTER
OPERATIONS SERVICE STANDARDS REVIEW (5.10)
Presentation Report Attachment
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Colin Campbell
1) That the presentation
by Paul Ingham, Director
Operations, titled
"Winter Operations Service Standards Review", be received; and,
2) That the staff report titled “Winter
Operations Service Standards Review” be received; and,
3) That Operations be authorized to
increase the number of hired tandem units from
19 to 20, effective November 16, 2013, to meet service standards for
road inventory increases related to growth for a total estimated annual cost of
$73,150, inclusive of HST; and,
4) That Operations be authorized to
increase the number of hired sidewalk plowing
units from 24 to 26, effective
December 1, 2013, to meet service standards for sidewalk inventory increases
related to growth for a total estimated annual cost of $90,933, inclusive of
HST; and,
5) That Operations be authorized to
increase the number of hired loader units from 28 to 35, effective December 1,
2013, to increase service levels for rear lane snow clearing for a total
estimated annual cost of $81,879, inclusive of HST; and,
6) That the 2014 Operating Budget for
hired tandems, loaders and sidewalk plowing be increased by $245,963, inclusive
of HST to cover both standby and operating costs for additional units
identified above and the 2013 Operating Budget will be impacted by $62,203,
inclusive of HST; and,
7) That Operations staff continue to offer
the City’s existing “Windrow Removal Program” to pre-qualified residents; and,
8) That Operations staff engage York
Region Operations staff to improve
coordination of road and sidewalk winter maintenance activities on
Regional roads throughout the City; and,
9) That Operations staff continue work
with Canada Post to improve winter maintenance activities at Canada Post super
mailboxes located within the City’s rights of way; and,
10) That Operations, Information Technology
Services and the Corporate Communications and Community Engagement staff expand the current mobile application and web
information to include information for
residents and businesses about the City’s
service standards, storm status
updates and related storm information,
and,
11) That the Operations and Corporate
Communications and Community Engagement Departments commence work on an
enhanced awareness and education campaign as soon as possible; and,
12) That the Contact Centre enhance its
current services during severe winter storm events to better serve City
residents and businesses; and,
13) That Operations, Development Services and
Financial Services collaborate in sourcing emerging technologies for
consideration of a future pilot project to be located in City’s expanding
intensified development locations and report back to Council on options and
costs associated with implementation of a pilot project in a to be determined
high-density new development area; and further,
14) That staff be authorized and directed to
do all things necessary to give effect to this resolution.
CARRIED
(2) MARKHAM
SPORTS, ENTERTAINMENT & CULTURAL CENTRE
- AGREEMENT WITH REMINGTON
(6.0)
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Colin Campbell
1) That
the following motion adopted at the June 26, 2013 Council meeting be reported
out to the public:
"That
at the June 26, 2013 Council meeting, Council authorized the execution of an
enforceable agreement with Remington whereby the City will acquire title to 6 acres of land adjacent to Highway 407 if the Markham Sports,
Entertainment & Cultural Centre proceeds."
CARRIED
(3) DEFERRAL
OF SPECIAL COUNCIL MEETING ON
OCTOBER 15 AND 16, 2013 TO CONSIDER A MOTION
REGARDING THE
MARKHAM SPORTS, ENTERTAINMENT
AND CULTURAL CENTRE (6.0)
"That the Special
Council meeting scheduled for October 15 and 16, 2013 to consider a Motion
regarding the Markham Sports, Entertainment and Cultural Centre, be deferred to a date towards the end of November 2013 to allow
continued negotiations."
Moved by
Councillor Alex Chiu
Seconded by
Councillor Alan Ho
1) That
the Special Council meeting scheduled for October 15 and 16, 2013 to consider a
Motion regarding the Markham Sports, Entertainment and Cultural Centre, be
deferred to a date to be determined at the end of November, 2013, to allow
continued negotiations.
CARRIED BY A RECORDED (7:6)
(See following recorded vote)
(7:6)
(See following to bring the
matter forward for consideration)
Recorded vote (7:6):
YEAS: Councillor
Howard Shore, Councillor Carolina Moretti, Mayor Frank Scarpitti, Regional
Councillor Gord Landon, Councillor Alan Ho, Councillor Logan Kanapathi,
Councillor Alex Chiu.
NAYS: Councillor
Valerie Burke, Councillor Don Hamilton, Regional Councillor Joe Li, Regional
Councillor Jim Jones, Deputy Mayor Jack Heath, Councillor Colin Campbell. (6)
Moved by
Councillor Valerie Burke
Seconded by Councillor Howard Shore
That Council consider the item titled "Deferral of Special Council
Meeting on October 15 and 16, 2013 to Consider a Motion Regarding the Markham
Sports, Entertainment and Cultural Centre" immediately following the
delegations with respect thereto.
CARRIED
7. MOTIONS
There were no
motions.
8. NOTICES OF MOTIONS
There were no
notices of motions.
9. COMMUNICATIONS
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
That Council
receive and consent to the disposition of communications in the following manner:
Referred to Commissioner of
Development Services
63-2013 STEPHEN J.
D'AGOSTINI, THOMSON ROGERS (5.0)
(Items
2 and 3, Report No. 40)
Letter
- Providing comments
regarding the items “Future Urban Area Subwatershed
Studies” and “Future Urban Area Servicing Studies”, on behalf of Colebay
Investments Inc., Highcove Investments Inc., Firwood Holdings Inc., Major
McCowan Developments Limited, Sumerlane Realty Corp., Brentwood Estates Inc.,
Markham MMM North Development Corp. and Markham MMM South Development Corp.,
all of whom own land in North Markham located in the concession bordered by
Major MacKenzie Drive, Elgin Mills Road East, McCowan Road and HWY 48.
CARRIED
10. PROCLAMATIONS
(1) PROCLAMATION
AND FLAG RAISING REQUESTS (3.4)
Moved by Deputy
Mayor Jack Heath
Seconded by
Councillor Alex Chiu
1) That the following proclamations issued by the City Clerk in
accordance with the City of Markham Proclamation Policy be received for
information purposes:
- Blue
Shirt Day – Ontario Stop Workplace Bullying and Harassment Day (October 18,
2012)
- Local Government Week (October 20 to 26, 2013);
and,
2) That
the following new request for flag to be raised at the Anthony Roman Markham
Civic Centre flagpole be approved and added to the Five-Year List of Request to Raise Flag approved by Council:
- Blue Flag for Blue
Shirt Day – Ontario Stop Workplace Bullying and Harassment Day (October 18,
2013); and further,
3) That the following new request for proclamation be approved
and added to the Five-Year Proclamations List approved by Council:
- Waste Reduction Week (October 21 to
25, 2013).
CARRIED
11. NEW/OTHER BUSINESS
Council
consented to add New/Other Business Item No. 13.
Moved by
Councillor Alan Ho
Seconded by
Deputy Mayor Jack Heath
That New/Other
Business Item No. 1 be received and adopted.
CARRIED
Moved by
Councillor Alex Chiu
Seconded by
Councillor Howard Shore
That New/Other
Business Item Nos. 2 to 12 be received and adopted.
CARRIED
(1) NOTICES
OF PROPOSED SALE -
- A 2.5 METRE STRIP OF LAND FROM BLOCK
186, PLAN 65M-3358
COMPRISING 395.4 SQUARE METRES
LOCATED BETWEEN MOSS CREEK
BOULEVARD
AND WILLOW HEIGHTS BOULEVARD,
SOUTH OF OAKFORD ROAD (8.5
& 10.7)
Notices of Proposed Sale
City of Markham
Proposed Sale of Surplus Real Property
(Pursuant to By-law 178-96)
1) That the
notice of proposed sale for the City of Markham owned lands legally described
as a 2.5 metre
strip of land from Block 186, Plan 65M-3358, comprising 395.4 square metres,
located between Moss Creek Boulevard and Willow Heights Boulevard, south of
Oakford Road, be confirmed.
(Item No. 6, Report No. 32 – June 26, 2013 Council
Meeting)
CARRIED
Catherine Conrad, City
Solicitor, provided a verbal confirmation for New/Other Business Item No. 1
regarding the legal description for the Notice of Proposed Sale of Surplus Real
Property.
(2) MINUTES OF THE SEPTEMBER
23, 2013
GENERAL COMMITTEE (16.0)
Minutes
1) That the Minutes of the September 23, 2013 General Committee be
confirmed.
CARRIED
Note: This matter was referred from the October 7,
2013 General Committee meeting to the Council meeting this date for
consideration.
(3) MINUTES
OF THE JUNE 19, 2013
THE FRIENDS OF THE MARKHAM MUSEUM
FOUNDATION BOARD (16.0)
Minutes
1) That
the Minutes of the June 19, 2013 The Friends of the Markham Museum Foundation
Board be received for information purposes.
CARRIED
Note: This matter was referred from the October 7,
2013 General Committee meeting to the Council meeting this date for
consideration.
(4) MINUTES OF THE AUGUST
21, 2013
ANIMAL CARE COMMITTEE (16.0)
Minutes
1) That
the Minutes of the August 21, 2013 Animal Care Committee be received for
information purposes.
CARRIED
Note: This matter was referred from the October 7,
2013 General Committee meeting to the Council meeting this date for
consideration.
(5) MINUTES
OF THE SEPTEMBER 26, 2013
INFORMATION, COMMUNICATION AND
TECHNOLOGY SUB-COMMITTEE (16.0)
Minutes
1) That
the Minutes of the September 26, 2013 Information, Communications and
Technology Sub-Committee be received for information purposes.
CARRIED
Note: This
matter was referred from the October 7, 2013 General Committee meeting to the
Council meeting this date for consideration.
(6) MINUTES
OF THE AUGUST 13, 2013
PUBLIC REALM ADVISORY COMMITTEE (16.0)
Minutes
1) That
the Minutes of the August 13, 2013 Public Realm Advisory Committee be received
for information purposes.
CARRIED
Note: This matter was referred from the October 7,
2013 General Committee meeting to the Council meeting this date for
consideration.
(7) MINUTES
OF THE AUGUST 27, 2013
RBC MARKHAM MILLIKEN MILLS
CHILDREN’S FESTIVAL COMMITTEE (16.0)
Minutes
1) That
the Minutes of the August 27, 2013 RBC Markham Milliken Mills Children’s
Festival Committee be received for information purposes.
CARRIED
Note: This
matter was referred from the October 7, 2013 General Committee meeting to the
Council meeting this date for consideration.
(8) MINUTES
OF THE AUGUST 22, 2013
SENIORS HALL OF FAME
AWARDS COMMITTEE (16.0)
Minutes
1) That
the Minutes of the August 22, 2013 Seniors Hall of Fame Awards Committee be
received for information purposes.
CARRIED
Note: This
matter was referred from the October 7, 2013 General Committee meeting to the
Council meeting this date for consideration.
(9) MINUTES OF THE JUNE 19,
2013
ADVISORY COMMITTEE ON ACCESSIBILITY COMMITTEE (16.0)
Minutes
1) That
the Minutes of the June 19, 2013 Advisory Committee on Accessibility be
received for information purposes.
CARRIED
Note: This matter was referred from the October 7,
2013 General Committee meeting to the Council meeting this date for
consideration.
(10) MINUTES OF THE SEPTEMBER
16, 2013
VICTORIA SQUARE COMMUNITY
CENTRE BOARD (16.0)
Minutes
1) That
the Minutes of the September 16, 2013 Victoria Square Community Centre Board be
received for information purposes.
CARRIED
Note: This matter was referred from the October 7,
2013 General Committee meeting to the Council meeting this date for
consideration.
(11) MINUTES
OF THE JUNE 24, 2013
VARLEY MCKAY ART FOUNDATION OF MARKHAM
ANNUAL MEETING OF MEMBERS (16.0)
Minutes
1) That
the Minutes of the June 24, 2013 Varley McKay Art Foundation of Markham Annual
Meeting of Members be received for information purposes.
CARRIED
Note: This
matter was referred from the October 7, 2013 General Committee meeting to the
Council meeting this date for consideration.
(12) CANADIAN
WOMEN'S HOCKEY LEAGUE
- REQUEST FOR MARKHAM TO HOST
THE
2014 AND 2015 CLARKSON CUP
(12.2.6)
Report
1) That
report Canadian Women's Hockey League – Request for Markham to Host Clarkson
Cup be received; and,
2) That
Council approve that the City of Markham host the Clarkson Cup in 2014 and
2015; and,
3) That
Council approve that for 2014 and 2015 that $10,000 be added to the Recreation
operating budget; and,
4) That
Council approve that use of Centennial Arena for the 5 day period is at no
cost; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
Note: This
matter was referred from the October 7, 2013 General Committee meeting to the
Council meeting this date for consideration.
(13) ROUGE
NATIONAL URBAN PARK (8.6, 10.0)
Deputy Mayor
Jack Heath announced that discussions with Parks Canada regarding the Rouge
National Urban Park are in progress and a report is anticipated to be brought before
Council by the end of 2013.
12. BY-LAWS
Moved by
Councillor Alex Chiu
Seconded by Regional
Councillor Gord Landon
That By-laws 2013-159
and 2013-160 be given three readings and enacted.
Three Readings
BY-LAW
2013-159 A BY-LAW TO ESTABLISH A DESIGNATED HERITAGE PROPERTY GRANT PROGRAM
(2014-2016)
(Item No. 3, Report No. 38)
By-law
CARRIED
BY-LAW 2013-160 JOSEPH DIMARTINO, 5 ROUGE STREET, ZONING BY-LAW AMENDMENT
- A by-law to amend By-law 1229, as amended, to
facilitate the creation of two new building lots and the construction of two
new single detached dwellings fronting James Scott Road.
(Item No. 3, Report No. 39)
By-law
CARRIED
_____________________________
Regional
Councillor Gord Landon left the meeting prior to the "In-Camera Items
Section" of the Council Agenda and he was not in attendance for the
remainder of the meeting.
_____________________________
13. IN-CAMERA ITEMS
Moved by Councillor
Don Hamilton
Seconded by Councillor
Carolina Moretti
That, in
accordance with Section 239 of the Municipal Act,
Council resolve into an in-camera session to discuss the following matters: (8:42
p.m.)
(1) MINUTES OF IN-CAMERA COUNCIL MEETING
- JUNE 26, 2013 (16.0)
[Section 239 (2) (b) (f)]
DEVELOPMENT
SERVICES COMMITTEE – September 24, 2013
(2) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD (OMB) (8.0)
[Section 239 (2) (e)]
GENERAL
COMMITTEE – October 7, 2013
(3) GENERAL COMMITTEE IN-CAMERA MINUTES
- SEPTEMBER 23, 2013 (16.0)
[Section 239 (2) (b) (c) (d) (f)]
(4) GENERAL COMMITTEE IN-CAMERA MINUTES
APRIL 22, MAY 6 AND
JUNE 17, 2013 (16.0)
[Section 239 (2) (d) (f)]
(5) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES
(BOARD/COMMITTEE APPOINTMENTS) (16.24)
[Section 239 (2) (b)]
(6) PERSONAL MATTERS ABOUT AN IDENTIFIABLE
INDIVIDUAL,
INCLUDING MUNICIPAL OR LOCAL
BOARD EMPLOYEES
AND
LITIGATION
OR POTENTIAL LITIGATION, INCLUDING
MATTERS BEFORE ADMINISTRATIVE
TRIBUNALS,
AFFECTING THE MUNICIPALITY OR
LOCAL BOARD
(UNIONVILLE BUSINESS
IMPROVEMENT AREA MATTER) (3.0)
[Section 239 (2) (b) (e)]
(7) PERSONAL MATTERS ABOUT AN IDENTIFIABLE
INDIVIDUAL,
INCLUDING MUNICIPAL OR LOCAL
BOARD EMPLOYEES
(PARK RENAMING IN WARD 2)
(5.0)
[Section
239 (2) (b)]
COUNCIL - October 8, 2013
(8) A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION
OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD (WARD 5) (8.0)
[Section 239 (2) (c)]
CARRIED
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Colin Campbell
That
Council rise from in-camera session and report. (10:15 p.m.)
CARRIED
Council
reported out the items as follows:
(1) MINUTES
OF IN-CAMERA COUNCIL MEETING
- JUNE 26, 2013 (16.0)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
1) That the Council
In-camera Minutes dated June 26, 2013 be confirmed.
CARRIED
(2) OMB
REFERRAL SUBMITTED TO THE
MINISTRY OF MUNICIPAL AFFAIRS
AND HOUSING
THOMSON ROGERS LAWYERS, ON
BEHALF OF
TRINISON MANAGEMENT
CORPORATION
PROPOSAL TO REVOKE MINISTER’S
ZONING ORDER
ONTARIO REGULATION 104/72
(AIRPORT FREEZE) ON
ELEVEN PROPERTIES WITHIN THE
CITY OF MARKHAM
(ZA 13 115291) (8.0)
Moved by Councillor
Carolina Moretti
Seconded by Regional
Councillor Joe Li
1) That the report dated September 24,
2013, titled “CONFIDENTIAL REPORT, OMB Referral submitted to the Ministry of
Municipal Affairs and Housing by Thomson Rogers Lawyers, on behalf of Trinison
Management Corporation, Proposal to Revoke Minister’s Zoning Order, Ontario
Regulation 104/72 (Airport Freeze) on Eleven Properties within the City of
Markham, File No. ZA 13 115291”, be received; and,
2) That the City of Markham inform the
Ministry of Municipal Affairs and Housing that it has no objection to the
Minister’s Zoning Order, Ontario Regulation 104/72 (Airport Freeze) “MZO”,
being revoked on all eleven properties subject to File No. ZA 13 115291, if the
Province and Region of York deem it acceptable; and,
3) That in the event the MZO for lands at
10566 Highway 48 is revoked, the Owner of that property be required to remove
any storage trailers from the property that do not conform to the City of
Markham’s Zoning By-laws and Official Plan; and,
4) That Council direct Staff not to attend
the Ontario Municipal Board (OMB) Hearing regarding the OMB referral, submitted
to the Ministry of Municipal Affairs and Housing by Thomson Rogers Lawyers, on
behalf of Trinison Management Corporation; and,
5) That a copy of the Council resolution
with respect to this matter be forwarded to the OMB; and further,
6) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
(3) GENERAL
COMMITTEE IN-CAMERA MINUTES
- SEPTEMBER 23, 2013 (16.0)
Moved by Councillor
Alan Ho
Seconded by Councillor
Logan Kanapathi
1) That
the General Committee In-camera Minutes dated September 23, 2013, be confirmed.
CARRIED
(4) GENERAL
COMMITTEE IN-CAMERA MINUTES
- APRIL 22, MAY 6, JUNE
17, 2013 (16.0)
Moved by Councillor
Howard Shore
Seconded by Councillor
Don Hamilton
1) That
the General Committee In-camera Minutes dated April 22, May 6 and June 17,
2013, be confirmed.
CARRIED
(5) BOARD/COMMITTEE
APPOINTMENTS (16.24)
Moved by Councillor
Alan Ho
Seconded by Councillor
Colin Campbell
1)
That the following appointments to
the German Mills Meadow and Natural Habitat Liaison Committee be
confirmed:
|
Name
|
Representation
|
Term
|
|
Pat McCann-Smith
|
National Spiritual Assembly of the Baha’is of Canada
|
November 30, 2014
|
|
Joseph Coleman
|
Bayview Golf and Country Club
|
November 30, 2014
|
|
Bob James
|
Settlers Park Ratepayers Association
|
November 30, 2014
|
|
Kimberly Seymour
|
Settlers Park Ratepayers Association
|
November 30, 2014
|
|
Bernard Sze
|
Community at Large
|
November 30, 2014
|
CARRIED
(6) UNIONVILLE
BUSINESS IMPROVEMENT AREA MATTER (UBIA) (3.0)
Council consented to not report
out on this matter at this time.
(7) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL,
INCLUDING MUNICIPAL OR LOCAL
BOARD EMPLOYEES
(PARK RENAMING IN WARD 2)
(5.0)
Moved by Councillor
Howard Shore
Seconded by Councillor
Valerie Burke
1) That the confidential
memorandum dated October 7, 2013 from the Commissioner of Community and Fire
Services and confidential memorandum dated October 7, 2013 from Councillor
Howard Shore providing background information regarding the parking naming in
Ward 2; and,
2) That the correspondence from
the Azrieli Foundation dated October 5, 2013 – Request for Renaming” be
received;
3) That “Tamarack Park East”, located at 59A Tamarack Drive, be
renamed “Felix Opatowski Park”; and,
4) That “Tamarack Park West, located 121 Tamarack Drive be
renamed “Benjamin Thorne Park; and,
5) That an historical plaque be placed in Benjamin Thorne Park
to recognize the important contribution that Benjamin Thorne made to the
establishment of the Thornhill community; and further,
6) That an interpretive monument be placed in Felix Opatowski
Park to recognize the life and contributions
of Mr. Opatowski and to pay tribute to the six million souls who perished during the atrocities of
the Holocaust, including 1.5 million children as the re-naming of a park – a
living organism – could not be a more fitting and appropriate way to pay
tribute to those who survived and to carry on their collective memory.
CARRIED
(8) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION
OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD (WARD 5) (8.0)
Moved by Councillor
Colin Campbell
Seconded by Regional
Councillor Jim Jones
1) That staff be
authorized to proceed as directed by Council on October 8, 2013 regarding a
proposed or pending acquisition or disposition of land by the municipality or
local board (Ward 5).
CARRIED
14. CONFIRMATORY BY-LAW
Moved by
Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
That By-law 2013-161
be given three readings and enacted.
Three Readings
BY-LAW 2013-161 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF OCTOBER
8, 2013.
By-law
CARRIED
15. ADJOURNMENT
Moved by
Councillor Alex Chiu
Seconded by Regional
Councillor Jim Jones
That the Council Meeting be adjourned at 10:16 p.m.
CARRIED
_________________________________ _______________________________
KIMBERLEY
KITTERINGHAM FRANK
SCARPITTI
CITY CLERK MAYOR
(Signed)